Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

ex husband wants me out

77 replies

dyedye · 14/03/2011 23:42

If i dont want to sell my home but my ex does how long will the legal process take before im evicted ?

OP posts:
Maelstrom · 14/03/2011 23:45

It depends, you may not even be evicted...

Can you buy a home if he make you sell the house? if not, he might not be able to get you out of the house. Unless it was far too expensive to keep you in. Are you paying the mortgage yourself?

FabbyChic · 14/03/2011 23:45

Do you have children? If the house is in joint names he will have to buy you out or put a charge on the house so that when the youngest child reaches 18 they get their share back.

There are a lot of variables, if it is his house and you have never paid the mortgage he can ask you to move out, but he should do so via a solicitor.

I'm not sure about evicting you, it's a tad complicated depends on how long you were married, if it was his home to start with, whose on the mortgage. Lots of variables.

Original poster
dyedye · 14/03/2011 23:47

its in both our names and both of us have been paying mtg and kids are 21 and 23

OP posts:
PaWithABra · 14/03/2011 23:49

time to move on ?

Original poster
dyedye · 14/03/2011 23:50

I just want to buy time - I will agree to sell in a yr or so but he wants out now - valuers coming tomorrow

OP posts:
FabbyChic · 14/03/2011 23:51

Then he cannot just get you out he would have to buy you out, i.e put the house on the market only with your permission and you get half of what is left after any mortgage has been paid off.

I think you should see a solicitor, and quickly, you can see one for free for a first fifteen minute consult.

Are you divorced as they usually deal with the house under the dictates of the divorce.

FabbyChic · 14/03/2011 23:52

If you have no children living at home under 18, then he can ask for it to be sold. See a solicitor though as you have to ensure that your interest is noted in the property and you get your half. You can't make him wait a year.

But he cannot sell it without your permission.

Original poster
dyedye · 14/03/2011 23:53

Not divorced yet and i wont give my permission to sell so how long will i have before im forced to give my permission?

OP posts:
Maelstrom · 14/03/2011 23:59

He will need to take you to court to force a sell, that could buy you some time but you may need to pay dearly in solicitor fees. Not worth it IMO.

How long the leagl process is... how long is a piece of string?

If the children are older than 16 you may struggle to keep the house, anyway. Is there a big difference between salaries? if so you may be able to get a higher percentage in the equity and therefore be in a better position to buy the house.

FabbyChic · 14/03/2011 23:59

Then you would have to buy him out, he can force you to sell. You cannot expect him to not have his half of what he is entitled to just because you don't want to move. He wants to move on, you should to.

See a solicitor who can give you proper advice.

Original poster
dyedye · 15/03/2011 00:04

No struggle as it will be mtg free next yr and i will be in a better financial position re other loans etc... will he have to pay solicitors fees or will it have to be both of us if he takes me to court to get me out ?

OP posts:
AuntiePickleBottom · 15/03/2011 00:12

sell now, and split it 50/50 or see if you can get a morgage to buy him out.

Maelstrom · 15/03/2011 00:13

You need to pay your own fees, going rates are about £18 per 6 minute block.

If I were you, I wouldn't rock the boat at this stage, get the valuation (3 or more agents as the valuation may vary wildly), ask the agents how much they are expecting to achieve (whis is normally 5-10% lower than the marketing price. And with that information start looking for a mortgage, it may be that you may be able to buy him out, or... at least it would help you to get an idea of what price range you should be looking into if you need to move.

Original poster
dyedye · 15/03/2011 00:14

I dont want to sell now i want to wait a year

OP posts:
FabbyChic · 15/03/2011 00:17

YOu cant make him wait a year, if he sees a solicitor he could force you to sell you have no children under 18 there is no reason for you to stay in the marital home.

Original poster
dyedye · 15/03/2011 00:17

why would i need to pay fees ? i wont get a solicitor and i wont go to court so if he brings on court proceedings surely he shud pay

OP posts:
Original poster
dyedye · 15/03/2011 00:19

surely the court process will take a year and then il be ready to sell

OP posts:
AuntiePickleBottom · 15/03/2011 00:19

can i ask, why you want to wait a year...how would you feel (going by house prices by me) that some one has 100k of your money

QBEE · 15/03/2011 00:21

why do you want to wait a year?

FabbyChic · 15/03/2011 00:21

He could get a court order forcing you to sell within 7 days.

It won't take a year to get a court order, you are misled.

FabbyChic · 15/03/2011 00:22

He can also have the costs of it apportioned to you, so you end up with a court order to sell and the costs that are borne with it.

Original poster
dyedye · 15/03/2011 00:23

because my children are devastated and want at least another christmas here and also they and me will be in better financial position by then and maybe we could buy him out together

OP posts:
Maelstrom · 15/03/2011 00:23

Dyedye, it is very unlikely he will have to pay your legal costs. He is not been completely unreasonable, albeit very disconsiderate.

Get the valuations, get some mortgage advice, and then see if you can negotiate with him to buy him out. Considering the current climate, it is not unlikely for the house to remain unsold for months on end, so... it may be even good for him to get an offer from you.

Maelstrom · 15/03/2011 00:24

Fabby, it took my ex several... YEARS Wink, it costed me an awful lot of money though!

FabbyChic · 15/03/2011 00:25

What about what your ex husband wants? What he needs? Maybe he is destitute and needs the sale of the house to get another home. This isn't just about you.

Your children are old enough to live on their own and the court will also see it that way.

You cannot hold out for a year, the more difficult you make it the harder it will be and you will lose money.